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Stewart Media, Search Global win domain name dispute
The first application for an independent review of a decision by the .au Domain Administration (auDA) has successfully overturned the registration of a business’ primary domain name.
Jerome Doraisamy
Firm: Gadens (Stewart Media, Search Global Pty Ltd).
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Deal: An independent review panel has overturned a decision by auDA to deregister the domain name for stewartmedia.com, on the basis of an alleged breach of auDA’s published policies.
The application clarifies who can be a “registrant” for the purpose of making an application under auDA’s rules, and what constitutes “sufficient evidence of an intention” to transfer a domain name.
Value: N/A
Area: Intellectual Property, Technology
Key players: Antoine Pace (partner) led the matter, and was assisted by Alida Vandewiele (lawyer).
Deal significance: The chair of the independent panel has set an “important precedent”, Gadens said, regarding the interpretation of the Registration Review Panel Rules, with a recommendation from the chair for auDA to consider changes to its published policies for deregistration of domain names.
Gadens also noted, in its own statement, that the decision was significant for the domain name industry and future applicants.
auDA acknowledged last week that it is “currently examining the [decision] to identify whether any changes are required to existing policies”.
